AB 2835: Elections: ballots.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-06-28
(1)Existing law defines a ballot for election law purposes to include an electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area of the screen for systems that do not contain a paper ballot.
This bill would expand the electronic touchscreen systems that qualify as ballots by eliminating the requirement that the systems not contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
(2)Existing law prohibits a paper cast vote record, as defined, from being considered a ballot.
This bill would allow a paper cast vote record to be considered a ballot, but only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
(3)Existing law imposes ballot layout specifications, including specific requirements relating to the size and spacing of text.
This bill would make various changes to these specifications, which would allow more flexibility in ballot layout. The changes would include allowing the use of objects other than squares for voters to make selections.
(1)Existing law defines a ballot for election law purposes to include an electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area of the screen for systems that do not contain a paper ballot.
This bill would expand the electronic touchscreen systems that qualify as ballots by eliminating the requirement that the systems not contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
(2)Existing law prohibits a paper cast vote record, as defined, from being considered a ballot.
This bill would allow a paper cast vote record to be considered a ballot, but only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
(3)Existing law imposes ballot layout specifications, including specific requirements relating to the size and spacing of text.
This bill would make various changes to these specifications, which would allow more flexibility in ballot layout. The changes would include allowing the use of objects other than squares for voters to make selections.
(1)Existing law defines a ballot for election law purposes to include an electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area of the screen for systems that do not contain a paper ballot.
This bill would expand the electronic touchscreen systems that qualify as ballots by eliminating the requirement that the systems not contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
(2)Existing law prohibits a paper cast vote record, as defined, from being considered a ballot.
This bill would allow a paper cast vote record to be considered a ballot, but only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
(3)Existing law imposes ballot layout specifications, including specific requirements relating to the size and spacing of text.
This bill would make various changes to these specifications, which would allow more flexibility in ballot layout. The changes would include allowing the use of objects other than squares for voters to make selections.
A ballot means any of the following:
(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)(1)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
(2)An electronic touchscreen may qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
SEC. 2.Section 305.5 of the Elections Code is amended to read:305.5.(a)Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests.
(b)A paper cast vote record is a ballot only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
SEC. 3.Section 13107 of the Elections Code is amended to read:13107.(a)With the exception of candidates for Justice of the State Supreme Court or court of appeal, immediately under the name of each candidate, and not separated from the name by any line, unless the designation made by the candidate pursuant to Section 8002.5 must be listed immediately below the name of the candidate pursuant to Section 13105, and in that case immediately under the designation, may appear at the option of the candidate only one of the following designations:
(1)Words designating the elective city, county, district, state, or federal office which the candidate holds at the time of filing the nomination documents to which he or she was elected by vote of the people.
(2)The word incumbent if the candidate is a candidate for the same office which he or she holds at the time of filing the nomination papers, and was elected to that office by a vote of the people.
(3)No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(4)The phrase appointed incumbent if the candidate holds an office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word appointed and the title of the office. In either instance, the candidate may not use the unmodified word incumbent or any words designating the office unmodified by the word appointed. However, the phrase appointed incumbent shall not be required of a candidate who seeks reelection to an office which he or she holds and to which he or she was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code.
(b)(1)Except as specified in paragraph (2), for candidates for judicial office, immediately under the name of each candidate, and not separated from the name by any line, only one of the following designations may appear at the option of the candidate:
(A)Words designating the city, county, district, state, or federal office held by the candidate at the time of filing the nomination documents.
(B)The word incumbent if the candidate is a candidate for the same office that he or she holds at the time of filing the nomination papers.
(C)No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(2)For a candidate for judicial office who is an active member of the State Bar employed by a city, county, district, state, or by the United States, the designation shall appear as one of the following:
(A)Words designating the actual job title, as defined by statute, charter, or other governing instrument.
(B)One of the following ballot designations: Attorney, Attorney at Law, Lawyer, or Counselor at Law. The designations Attorney and Lawyer may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(3)A designation made pursuant to subparagraph (A) of paragraph (1) or paragraph (2) shall also contain relevant qualifiers, as follows:
(A)If the candidate is an official or employee of a city, the name of the city shall appear preceded by the words City of.
(B)If the candidate is an official or employee of a county, the name of the county shall appear preceded by the words County of.
(C)If the candidate is an official or employee of a city and county, the name of the city and county shall appear preceded by the words City and County.
(D)If the candidate performs quasi-judicial functions for a governmental agency, the full name of the agency shall be included.
(c)A candidate for superior court judge who is an active member of the State Bar and practices law as one of his or her principal professions shall use one of the following ballot designations as his or her ballot designation: Attorney, Attorney at Law, Lawyer, or Counselor at Law. The designations Attorney and Lawyer may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(d)For purposes of this section, all California geographical names shall be considered to be one word. Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(e)The Secretary of State and any other elections official shall not accept a designation of which any of the following would be true:
(1)It would mislead the voter.
(2)It would suggest an evaluation of a candidate, such as outstanding, leading, expert, virtuous, or eminent.
(3)It abbreviates the word retired or places it following any word or words which it modifies.
(4)It uses a word or prefix, such as former or ex-, which means a prior status. The only exception is the use of the word retired.
(5)It uses the name of any political party, whether or not it has qualified for the ballot.
(6)It uses a word or words referring to a racial, religious, or ethnic group.
(7)It refers to any activity prohibited by law.
(f)If, upon checking the nomination documents and the ballot designation worksheet described in Section 13107.3, the elections official finds the designation to be in violation of any of the restrictions set forth in this section, the elections official shall notify the candidate by registered or certified mail return receipt requested, addressed to the mailing address provided on the candidates ballot designation worksheet.
(1)The candidate shall, within three days, excluding Saturday, Sunday, and state holidays, from the date he or she receives notice by registered or certified mail, or from the date the candidate receives actual notice of the violation, whichever occurs first, appear before the elections official or, in the case of the Secretary of State, notify the Secretary of State by telephone, and provide a designation that complies with subdivision (a) or (b).
(2)If a candidate fails to provide a designation that complies with subdivision (a) or (b) within the three-day period specified in paragraph (1), a designation shall not appear after the candidates name.
(g)A designation given by a candidate shall not be changed by the candidate after the final date for filing nomination documents, except as specifically requested by the elections official as specified in subdivision (f) or as provided in subdivision (h). The elections official shall maintain a copy of the ballot designation worksheet for each candidate that appears on the ballot in the county for the same period of time as applied to nomination documents pursuant to Section 17100.
(h)The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days before the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request.
(i)In all cases, the words so used shall be printed in a manner consistent with the space requirements of Sections 13207 and 13211.
(j)If a foreign language translation of a candidates designation is required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), as amended, to appear on the ballot in addition to the English language version, it shall be as short as possible, as consistent as is practicable with this section, and shall employ abbreviations and initials wherever possible in order to avoid undue length.
SEC. 4.Section 13119 of the Elections Code is amended to read:13119.(a)The ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, shall have printed on them the words Shall the measure (stating the nature thereof) be adopted? To the right or below the statement of the measure to be voted on, the words Yes and No shall be printed on separate lines, with voting targets. If a voter stamps a cross (+) in the voting target after the printed word Yes, his or her vote shall be counted in favor of the adoption of the measure. If he or she stamps a cross (+) in the voting target after the printed word No, his or her vote shall be counted against its adoption.
(b)If the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
(c)The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.
(d)For purposes of this section, the following terms have the following meanings:
(1)Local governing body means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.
(2)Target means an object designated as the aim for a voter to make a vote selection.
SEC. 5.Section 13207 of the Elections Code is amended to read:13207.(a)There shall be printed on the ballot in parallel columns all of the following:
(1)The respective offices.
(2)The names of candidates with sufficient blank spaces to allow the voters to write in names not printed on the ballot, except that no spaces shall be printed for voter-nominated offices at a general election.
(3)Whatever measures have been submitted to the voters.
(b)In the case of a ballot which is intended for use in a party primary and which carries partisan offices, voter-nominated offices, and nonpartisan offices, a vertical solid black line shall divide the columns containing partisan offices, on the left, from the columns containing nonpartisan offices and voter-nominated offices, on the right.
(c)The standard width of columns containing partisan offices, nonpartisan offices, and voter-nominated offices, shall be three inches except that an elections official may vary the width of these columns by up to one inch. The column containing presidential and vice presidential candidates may be as wide as four inches.
(d)A measure that is to be submitted to the voters shall be printed in one or more parallel columns to the right of the columns containing the names of candidates and shall be of sufficient width to contain the title and summary of the measure. To the right of or below the title and summary shall be printed, on separate lines, the words Yes and No.
SEC. 6.Section 13208 of the Elections Code is amended to read:13208.(a)In the right-hand margin of each column light vertical lines shall be printed in such a way as to create a voting target after the name of each candidate for partisan office, voter-nominated office, nonpartisan office (except for Justice of the Supreme Court or justice of a court of appeal), or for chairperson of a group of candidates for delegate to a national convention who express no preference for a presidential candidate. In the case of Supreme Court or appellate justices and in the case of measures submitted to the voters, the lines shall be printed so as to create voting targets to the right of the words Yes and No. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.
(b)The standard voting target shall be at least three-eighths of an inch wide but may be up to one-half inch wide. Voting targets for measures may be as tall as is required by the space occupied by the title and summary.
(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.
SEC. 7.Section 13213 of the Elections Code is amended to read:13213.Each group of names of candidates for a particular office shall be separated from the succeeding group by a three-point rule. Each series of groups shall be headed by the caption President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in boldfaced gothic capital type. Each caption shall be separated from the names of the candidates beneath by a two-point line.
SEC. 8.Section 13241 of the Elections Code is amended to read:13241.The names of the candidates and the respective offices shall be printed on the ballot in parallel columns at least 2 inches wide.
A ballot means any of the following:
(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)(1)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
(2)An electronic touchscreen may qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
SEC. 2.Section 305.5 of the Elections Code is amended to read:305.5.(a)Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests.
(b)A paper cast vote record is a ballot only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
SEC. 3.Section 13107 of the Elections Code is amended to read:13107.(a)With the exception of candidates for Justice of the State Supreme Court or court of appeal, immediately under the name of each candidate, and not separated from the name by any line, unless the designation made by the candidate pursuant to Section 8002.5 must be listed immediately below the name of the candidate pursuant to Section 13105, and in that case immediately under the designation, may appear at the option of the candidate only one of the following designations:
(1)Words designating the elective city, county, district, state, or federal office which the candidate holds at the time of filing the nomination documents to which he or she was elected by vote of the people.
(2)The word incumbent if the candidate is a candidate for the same office which he or she holds at the time of filing the nomination papers, and was elected to that office by a vote of the people.
(3)No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(4)The phrase appointed incumbent if the candidate holds an office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word appointed and the title of the office. In either instance, the candidate may not use the unmodified word incumbent or any words designating the office unmodified by the word appointed. However, the phrase appointed incumbent shall not be required of a candidate who seeks reelection to an office which he or she holds and to which he or she was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code.
(b)(1)Except as specified in paragraph (2), for candidates for judicial office, immediately under the name of each candidate, and not separated from the name by any line, only one of the following designations may appear at the option of the candidate:
(A)Words designating the city, county, district, state, or federal office held by the candidate at the time of filing the nomination documents.
(B)The word incumbent if the candidate is a candidate for the same office that he or she holds at the time of filing the nomination papers.
(C)No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(2)For a candidate for judicial office who is an active member of the State Bar employed by a city, county, district, state, or by the United States, the designation shall appear as one of the following:
(A)Words designating the actual job title, as defined by statute, charter, or other governing instrument.
(B)One of the following ballot designations: Attorney, Attorney at Law, Lawyer, or Counselor at Law. The designations Attorney and Lawyer may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(3)A designation made pursuant to subparagraph (A) of paragraph (1) or paragraph (2) shall also contain relevant qualifiers, as follows:
(A)If the candidate is an official or employee of a city, the name of the city shall appear preceded by the words City of.
(B)If the candidate is an official or employee of a county, the name of the county shall appear preceded by the words County of.
(C)If the candidate is an official or employee of a city and county, the name of the city and county shall appear preceded by the words City and County.
(D)If the candidate performs quasi-judicial functions for a governmental agency, the full name of the agency shall be included.
(c)A candidate for superior court judge who is an active member of the State Bar and practices law as one of his or her principal professions shall use one of the following ballot designations as his or her ballot designation: Attorney, Attorney at Law, Lawyer, or Counselor at Law. The designations Attorney and Lawyer may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(d)For purposes of this section, all California geographical names shall be considered to be one word. Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(e)The Secretary of State and any other elections official shall not accept a designation of which any of the following would be true:
(1)It would mislead the voter.
(2)It would suggest an evaluation of a candidate, such as outstanding, leading, expert, virtuous, or eminent.
(3)It abbreviates the word retired or places it following any word or words which it modifies.
(4)It uses a word or prefix, such as former or ex-, which means a prior status. The only exception is the use of the word retired.
(5)It uses the name of any political party, whether or not it has qualified for the ballot.
(6)It uses a word or words referring to a racial, religious, or ethnic group.
(7)It refers to any activity prohibited by law.
(f)If, upon checking the nomination documents and the ballot designation worksheet described in Section 13107.3, the elections official finds the designation to be in violation of any of the restrictions set forth in this section, the elections official shall notify the candidate by registered or certified mail return receipt requested, addressed to the mailing address provided on the candidates ballot designation worksheet.
(1)The candidate shall, within three days, excluding Saturday, Sunday, and state holidays, from the date he or she receives notice by registered or certified mail, or from the date the candidate receives actual notice of the violation, whichever occurs first, appear before the elections official or, in the case of the Secretary of State, notify the Secretary of State by telephone, and provide a designation that complies with subdivision (a) or (b).
(2)If a candidate fails to provide a designation that complies with subdivision (a) or (b) within the three-day period specified in paragraph (1), a designation shall not appear after the candidates name.
(g)A designation given by a candidate shall not be changed by the candidate after the final date for filing nomination documents, except as specifically requested by the elections official as specified in subdivision (f) or as provided in subdivision (h). The elections official shall maintain a copy of the ballot designation worksheet for each candidate that appears on the ballot in the county for the same period of time as applied to nomination documents pursuant to Section 17100.
(h)The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days before the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request.
(i)In all cases, the words so used shall be printed in a manner consistent with the space requirements of Sections 13207 and 13211.
(j)If a foreign language translation of a candidates designation is required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), as amended, to appear on the ballot in addition to the English language version, it shall be as short as possible, as consistent as is practicable with this section, and shall employ abbreviations and initials wherever possible in order to avoid undue length.
SEC. 4.Section 13119 of the Elections Code is amended to read:13119.(a)The ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, shall have printed on them the words Shall the measure (stating the nature thereof) be adopted? To the right or below the statement of the measure to be voted on, the words Yes and No shall be printed on separate lines, with voting targets. If a voter stamps a cross (+) in the voting target after the printed word Yes, his or her vote shall be counted in favor of the adoption of the measure. If he or she stamps a cross (+) in the voting target after the printed word No, his or her vote shall be counted against its adoption.
(b)If the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
(c)The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.
(d)For purposes of this section, the following terms have the following meanings:
(1)Local governing body means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.
(2)Target means an object designated as the aim for a voter to make a vote selection.
SEC. 5.Section 13207 of the Elections Code is amended to read:13207.(a)There shall be printed on the ballot in parallel columns all of the following:
(1)The respective offices.
(2)The names of candidates with sufficient blank spaces to allow the voters to write in names not printed on the ballot, except that no spaces shall be printed for voter-nominated offices at a general election.
(3)Whatever measures have been submitted to the voters.
(b)In the case of a ballot which is intended for use in a party primary and which carries partisan offices, voter-nominated offices, and nonpartisan offices, a vertical solid black line shall divide the columns containing partisan offices, on the left, from the columns containing nonpartisan offices and voter-nominated offices, on the right.
(c)The standard width of columns containing partisan offices, nonpartisan offices, and voter-nominated offices, shall be three inches except that an elections official may vary the width of these columns by up to one inch. The column containing presidential and vice presidential candidates may be as wide as four inches.
(d)A measure that is to be submitted to the voters shall be printed in one or more parallel columns to the right of the columns containing the names of candidates and shall be of sufficient width to contain the title and summary of the measure. To the right of or below the title and summary shall be printed, on separate lines, the words Yes and No.
SEC. 6.Section 13208 of the Elections Code is amended to read:13208.(a)In the right-hand margin of each column light vertical lines shall be printed in such a way as to create a voting target after the name of each candidate for partisan office, voter-nominated office, nonpartisan office (except for Justice of the Supreme Court or justice of a court of appeal), or for chairperson of a group of candidates for delegate to a national convention who express no preference for a presidential candidate. In the case of Supreme Court or appellate justices and in the case of measures submitted to the voters, the lines shall be printed so as to create voting targets to the right of the words Yes and No. The voting targets shall be used by the voters to express their choices as provided for in the instruction to voters.
(b)The standard voting target shall be at least three-eighths of an inch wide but may be up to one-half inch wide. Voting targets for measures may be as tall as is required by the space occupied by the title and summary.
(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.
SEC. 7.Section 13213 of the Elections Code is amended to read:13213.Each group of names of candidates for a particular office shall be separated from the succeeding group by a three-point rule. Each series of groups shall be headed by the caption President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in boldfaced gothic capital type. Each caption shall be separated from the names of the candidates beneath by a two-point line.
SEC. 8.Section 13241 of the Elections Code is amended to read:13241.The names of the candidates and the respective offices shall be printed on the ballot in parallel columns at least 2 inches wide.
A ballot means any of the following:
(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)(1)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
(2)An electronic touchscreen may qualify as a ballot even for systems that contain paper ballots if the votes are tabulated manually or by optical scanning equipment.
SEC. 2.Section 305.5 of the Elections Code is amended to read:305.5.(a)Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
(b)A paper cast vote record is a ballot only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
SEC. 3.Section 13107 of the Elections Code is amended to read:13107.(a)With the exception of candidates for Justice of the State Supreme Court or court of appeal, immediately under the name of each candidate, and not separated from the name by any line, unless the designation made by the candidate pursuant to Section 8002.5 must be listed immediately below the name of the candidate pursuant to Section 13105, and in that case immediately under the designation, may appear at the option of the candidate only one of the following designations:
(1)Words designating the elective city, county, district, state, or federal office which the candidate holds at the time of filing the nomination documents to which he or she was elected by vote of the people.
(2)The word incumbent if the candidate is a candidate for the same office which he or she holds at the time of filing the nomination papers, and was elected to that office by a vote of the people.
(3)No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(4)The phrase appointed incumbent if the candidate holds an office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word appointed and the title of the office. In either instance, the candidate may not use the unmodified word incumbent or any words designating the office unmodified by the word appointed. However, the phrase appointed incumbent shall not be required of a candidate who seeks reelection to an office which he or she holds and to which he or she was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code.
(b)(1)Except as specified in paragraph (2), for candidates for judicial office, immediately under the name of each candidate, and not separated from the name by any line, only one of the following designations may appear at the option of the candidate:
(A)Words designating the city, county, district, state, or federal office held by the candidate at the time of filing the nomination documents.
(B)The word incumbent if the candidate is a candidate for the same office that he or she holds at the time of filing the nomination papers.
(C)No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
(2)For a candidate for judicial office who is an active member of the State Bar employed by a city, county, district, state, or by the United States, the designation shall appear as one of the following:
(A)Words designating the actual job title, as defined by statute, charter, or other governing instrument.
(B)One of the following ballot designations: Attorney, Attorney at Law, Lawyer, or Counselor at Law. The designations Attorney and Lawyer may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(3)A designation made pursuant to subparagraph (A) of paragraph (1) or paragraph (2) shall also contain relevant qualifiers, as follows:
(A)If the candidate is an official or employee of a city, the name of the city shall appear preceded by the words City of.
(B)If the candidate is an official or employee of a county, the name of the county shall appear preceded by the words County of.
(C)If the candidate is an official or employee of a city and county, the name of the city and county shall appear preceded by the words City and County.
(D)If the candidate performs quasi-judicial functions for a governmental agency, the full name of the agency shall be included.
(c)A candidate for superior court judge who is an active member of the State Bar and practices law as one of his or her principal professions shall use one of the following ballot designations as his or her ballot designation: Attorney, Attorney at Law, Lawyer, or Counselor at Law. The designations Attorney and Lawyer may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.
(d)For purposes of this section, all California geographical names shall be considered to be one word. Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(e)The Secretary of State and any other elections official shall not accept a designation of which any of the following would be true:
(1)It would mislead the voter.
(2)It would suggest an evaluation of a candidate, such as outstanding, leading, expert, virtuous, or eminent.
(3)It abbreviates the word retired or places it following any word or words which it modifies.
(4)It uses a word or prefix, such as former or ex-, which means a prior status. The only exception is the use of the word retired.
(5)It uses the name of any political party, whether or not it has qualified for the ballot.
(6)It uses a word or words referring to a racial, religious, or ethnic group.
(7)It refers to any activity prohibited by law.
(f)If, upon checking the nomination documents and the ballot designation worksheet described in Section 13107.3, the elections official finds the designation to be in violation of any of the restrictions set forth in this section, the elections official shall notify the candidate by registered or certified mail return receipt requested, addressed to the mailing address provided on the candidates ballot designation worksheet.
(1)The candidate shall, within three days, excluding Saturday, Sunday, and state holidays, from the date he or she receives notice by registered or certified mail, or from the date the candidate receives actual notice of the violation, whichever occurs first, appear before the elections official or, in the case of the Secretary of State, notify the Secretary of State by telephone, and provide a designation that complies with subdivision (a) or (b).
(2)If a candidate fails to provide a designation that complies with subdivision (a) or (b) within the three-day period specified in paragraph (1), a designation shall not appear after the candidates name.
(g)A designation given by a candidate shall not be changed by the candidate after the final date for filing nomination documents, except as specifically requested by the elections official as specified in subdivision (f) or as provided in subdivision (h). The elections official shall maintain a copy of the ballot designation worksheet for each candidate that appears on the ballot in the county for the same period of time as applied to nomination documents pursuant to Section 17100.
(h)The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days before the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request.
(i)In all cases, the words so used shall be printed in 8-point roman uppercase and lowercase type except that, if the designation selected is so long that it would conflict a manner consistent with the space requirements of Sections 13207 and 13211, the elections official shall use a type size for the designation for each candidate for that office sufficiently smaller to meet these requirements. 13211.
(j)If a foreign language translation of a candidates designation is required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), as amended, to appear on the ballot in addition to the English language version, it shall be as short as possible, as consistent as is practicable with this section, and shall employ abbreviations and initials wherever possible in order to avoid undue length.
SEC. 4.Section 13119 of the Elections Code is amended to read:13119.(a)The ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, shall have printed on them the words Shall the measure (stating the nature thereof) be adopted? Opposite To the right or below the statement of the measure to be voted on, and to its right, on, the words Yes and No shall be printed on separate lines, with voting squares. targets. If a voter stamps a cross (+) in the voting square target after the printed word Yes, his or her vote shall be counted in favor of the adoption of the measure. If he or she stamps a cross (+) in the voting square target after the printed word No, his or her vote shall be counted against its adoption.
(b)If the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
(c)The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.
(d)For purposes of this section, local the following terms have the following meanings:
(1)Local governing body means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.
(2)Target means an object designated as the aim for a voter to make a vote selection.
SEC. 5.Section 13207 of the Elections Code is amended to read:13207.(a)There shall be printed on the ballot in parallel columns all of the following:
(1)The respective offices.
(2)The names of candidates with sufficient blank spaces to allow the voters to write in names not printed on the ballot, except that no spaces shall be printed for voter-nominated offices at a general election.
(3)Whatever measures have been submitted to the voters.
(b)In the case of a ballot which is intended for use in a party primary and which carries partisan offices, voter-nominated offices, and nonpartisan offices, a vertical solid black line shall divide the columns containing partisan offices, on the left, from the columns containing nonpartisan offices and voter-nominated offices, on the right.
(c)The standard width of columns containing partisan offices, nonpartisan offices, and voter-nominated offices, shall be three inches except that an elections official may vary the width of these columns by up to three-tenths of an one inch. The column containing presidential and vice presidential candidates may be as wide as four inches.
(d)A measure that is to be submitted to the voters shall be printed in one or more parallel columns to the right of the columns containing the names of candidates and shall be of sufficient width to contain the title and summary of the measure. To the right of or below the title and summary shall be printed, on separate lines, the words Yes and No.
SEC. 6.Section 13208 of the Elections Code is amended to read:13208.(a)In the right-hand margin of each column light vertical lines shall be printed in such a way as to create a voting square target after the name of each candidate for partisan office, voter-nominated office, nonpartisan office (except for Justice of the Supreme Court or justice of a court of appeal), or for chairperson of a group of candidates for delegate to a national convention who express no preference for a presidential candidate. In the case of Supreme Court or appellate justices and in the case of measures submitted to the voters, the lines shall be printed so as to create voting squares targets to the right of the words Yes and No. The voting squares targets shall be used by the voters to express their choices as provided for in the instruction to voters.
(b)The standard voting square target shall be at least three-eighths of an inch square wide but may be up to one-half inch square. wide. Voting squares targets for measures may be as tall as is required by the space occupied by the title and summary.
(c)As used in this section, target means an object designated as the aim for a voter to make a vote selection.
SEC. 7.Section 13213 of the Elections Code is amended to read:13213.Each group of names of candidates for a particular office shall be separated from the succeeding group by a three-point rule. Each series of groups shall be headed by the caption President of the United States, President and Vice President, State, United States Senator, United States Representative, State Senator, Member of the State Assembly, County, or City or other proper general classification, as the case may be, printed in boldfaced gothic capital type, not smaller than 12-point. type. Each caption shall be separated from the names of the candidates beneath by a two-point line.
SEC. 8.Section 13241 of the Elections Code is amended to read:13241.The names of the candidates and the respective offices shall be printed on the ballot in parallel columns at least 21/2 2 inches wide.
|
Date
|
Status
|
|---|---|
| Jun 28, 2018 | Chaptered by Secretary of State - Chapter 57, Statutes of 2018. |
| Jun 28, 2018 | Approved by the Governor. |
| Jun 19, 2018 | Enrolled and presented to the Governor at 4:45 p.m. |
| Jun 14, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 14, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 6, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 6). |
| May 30, 2018 | Referred to Com. on E. & C.A. |
| May 17, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 17, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 10, 2018 | Read second time. Ordered to Consent Calendar. |
| May 9, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 9). |
| Mar 8, 2018 | Referred to Com. on E. & R. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 14, 2018 | Consent Calendar AB2835 | Senate Floor |
Passed |
|
| Jun 6, 2018 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 17, 2018 | AB 2835 CALDERON Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerk and Election Officials | ** Support | Jun 7, 2018 |
| Disability Rights California | ** Support | Jun 7, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2835
:
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/6/18
AYES: Stern, Anderson, Allen, Hertzberg, Leyva
ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote
DIGEST:
This bill makes changes to ballot layout provisions of law to accommodate new voting technologies.
Existing law:
- Defines a "ballot" to mean any the following:
- The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card;
- One or more sheets of paper upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area;
- One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment; or,
- An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
- Defines a "paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.
- Requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other items.
- Requires a ballot to follow certain formatting requirements, such as the order of offices that appear on the ballot, the numbering of ballot measures, instructions to voters, font type, font size, margin widths, spacing of contests, voting square size, and write-in spaces, among other requirements.
- Permits a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified.
This bill:
- Expands the definition of a ballot by authorizing an electronic touchscreen system that contains paper ballots to qualify as a ballot if the votes are tabulated manually or by optical scanning equipment.
- Permits a paper cast vote record to be considered a ballot if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
- Makes minor changes to ballot layout specifications related to the size and spacing of text.
- Deletes provisions of law that require a ballot to contain a voting "square" that a voter marks to indicate his or her selections on a ballot, and instead requires a ballot to contain a voting "target." Defines a "target" to mean an object designated as the aim for a voter to make a vote selection.
- Makes clarifying, technical, corresponding changes.
Background
Voting Solutions for All People Project (VSAP). Due to Los Angeles County's size, diversity, complexity, and the limited voting systems market, it is extremely challenging for Los Angeles to reasonably consider a commercial off-the-shelf voting system. Consequently, in 2009, in partnership with the Voting Technology Project, and with the financial support of the James Irvine Foundation, the County of Los Angeles Registrar-Recorder/County Clerk (RR/CC) launched the VSAP with the goal of implementing a new and enhanced voting system that meets the growing voting system needs and challenges faced by Los Angeles County.
According to VSAP background documents, the vision of the VSAP is to identify and implement a new voting system in a transparent and participatory manner that takes into account the needs and expectations of current and future Los Angeles County voters. The VSAP aims at achieving three goals in the process: 1) give current and future Los Angeles County voters an unprecedented opportunity to participate in the assessment and development process; 2) increase voter confidence in the electoral process through the participatory structure of the project; and 3) synthesize public input and research to acquire or develop a new voting system for the County.
According to background information, the new voting system concept features touch-screen technology with a simple user interface, both audio and visual output and a built-in scanner, printer, and ballot box. The new voting system will provide voters with options to scan in quick response coded ballots from their phone, enter their ballot choices in-person at the polling location, or vote by mail with printed ballots.
This bill updates the definitions of a ballot and a paper cast record to ensure Los Angeles's new voting system and the voting process described above is in compliance with existing law.
Governor's Budget and new voting machines. The Governor's 2018-2019 Budget proposes $134 million in one-time General Fund spending to purchase new equipment for county voting systems. This equipment includes hardware, software, and initial licensing to replace existing systems and technology. Under the proposal, counties would provide a dollar-for-dollar match to receive the state funding.
Federal election security funding. On March 23, 2018, President Trump signed the Consolidated Appropriations Act of 2018 (Act)—the omnibus spending bill for the federal fiscal year ending on September 30, 2018. Among other provisions, the Act provided $380 million in Help America Vote Act funding to the U.S. Elections Assistance Commission (EAC) to make payments to states for activities to improve the administration of elections for federal office, including to enhance election technology and make election security improvements. States that receive federal funds are required to provide a match of five percent of the funds received within two years of receiving the federal funds.
According to information from the EAC, California’s share of the federal funding is $34,558,876, and the state’s required five percent match totals $1,727,944. The EAC notes that a joint explanatory statement prepared by Congress to indicate congressional intent on how the funds may be spent specifies that states may use the funds to replace electronic voting equipment that does not have a paper trail; to implement a post-election audit system; to upgrade election-related computer systems to address cyber vulnerabilities; to facilitate cybersecurity training for state and local election officials; to implement established cybersecurity best practices; and to fund other activities that will improve the security of elections for federal office.
Comments
According to the author, our voting systems have not kept pace with evolving technology. Voting systems require updates in order to continue providing secure election services that are accessible and easy for voters to use. In order to integrate new technology into voting systems, ballot layouts need to be updated. Current definitions in the Elections Code do not allow county registrars and election administrators to change their ballot layouts, even to make them more accessible or understandable. These ballot layout changes are necessary to incorporate new formats of ballots, vote-by-mail ballots, or new devices for marking a voter’s choice.
AB 2835 will provide more flexibility for elections administrators to decide ballot layout and how to integrate new technology with voting systems. This bill updates the definitions of a ballot and a paper cast vote record. AB 2835 also loosens requirements on ballot type size and font as well as the location and size of ballot columns.
Additionally, AB 2835 removes references to the shape of voting targets. This will allow election administrators to update ballot layouts to have voting targets that could have a candidate’s name, party, or ballot designation, instead of a particular, statutorily required shape.
This change in code ensures that the systems are in compliance without substantively impacting the usability or accessibility of the ballot designs. Furthermore, it allows for continued innovation and improvements to ensure voters clearly understand how to use their ballots with minimal unintentional residual votes without the need for further revisions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Clerk and Election Officials
Disability Rights California
None received
ASSEMBLY FLOOR: 73-0, 5/17/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth
6/7/18 15:12:45
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Henry Stern, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: 6/6/18
Author: | |||
Version: | 2/16/18 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Darren Chesin | ||
Subject: Elections: ballots.
DIGEST
This bill makes changes to ballot layout provisions of law to accommodate new voting technologies.
ANALYSIS
Existing law:
- Defines a "ballot" to mean any the following:
- The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card;
- One or more sheets of paper upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area;
- One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment; or,
- An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
- The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card;
- Defines a "paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.
- Requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other items.
- Requires a ballot to follow certain formatting requirements, such as the order of offices that appear on the ballot, the numbering of ballot measures, instructions to voters, font type, font size, margin widths, spacing of contests, voting square size, and write-in spaces, among other requirements.
- Permits a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified.
This bill:
- Expands the definition of a ballot by authorizing an electronic touchscreen system that contains paper ballots to qualify as a ballot if the votes are tabulated manually or by optical scanning equipment.
- Permits a paper cast vote record to be considered a ballot if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
- Makes minor changes to ballot layout specifications related to the size and spacing of text.
- Deletes provisions of law that require a ballot to contain a voting "square" that a voter marks to indicate his or her selections on a ballot, and instead requires a ballot to contain a voting "target." Defines a "target" to mean an object designated as the aim for a voter to make a vote selection.
- Makes clarifying, technical, corresponding changes.
BACKGROUND
Voting Solutions for All People Project (VSAP). Due to Los Angeles County's size, diversity, complexity, and the limited voting systems market, it is extremely challenging for Los Angeles to reasonably consider a commercial off-the-shelf voting system. Consequently, in 2009, in partnership with the Voting Technology Project, and with the financial support of the James Irvine Foundation, the County of Los Angeles Registrar-Recorder/County Clerk (RR/CC) launched the VSAP with the goal of implementing a new and enhanced voting system that meets the growing voting system needs and challenges faced by Los Angeles County.
According to VSAP background documents, the vision of the VSAP is to identify and implement a new voting system in a transparent and participatory manner that takes into account the needs and expectations of current and future Los Angeles County voters. The VSAP aims at achieving three goals in the process: 1) give current and future Los Angeles County voters an unprecedented opportunity to participate in the assessment and development process; 2) increase voter confidence in the electoral process through the participatory structure of the project; and 3) synthesize public input and research to acquire or develop a new voting system for the County.
According to background information, the new voting system concept features touch-screen technology with a simple user interface, both audio and visual output and a built-in scanner, printer, and ballot box. The new voting system will provide voters with options to scan in quick response (QR) coded ballots from their phone, enter their ballot choices in-person at the polling location, or vote by mail with printed ballots.
This bill updates the definitions of a ballot and a paper cast record to ensure Los Angeles's new voting system and the voting process described above is in compliance with existing law.
Governor's Budget and New Voting Machines. The Governor's 2018-2019 budget proposes $134 million in one-time General Fund spending to purchase new equipment for county voting systems. This equipment includes hardware, software, and initial licensing to replace existing systems and technology. Under the proposal, counties would provide a dollar-for-dollar match to receive the state funding.
Federal Election Security Funding. On March 23, 2018, President Trump signed the Consolidated Appropriations Act of 2018 (Act)—the omnibus spending bill for the federal fiscal year ending on September 30, 2018. Among other provisions, the Act provided $380 million in Help America Vote Act funding to the U.S. Elections Assistance Commission (EAC) to make payments to states for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements. States that receive federal funds are required to provide a match of five percent of the funds received within two years of receiving the federal funds.
According to information from the EAC, California’s share of the federal funding is $34,558,876, and the state’s required five percent match totals $1,727,944. The EAC notes that a joint explanatory statement prepared by Congress to indicate congressional intent on how the funds may be spent specifies that states may use the funds to replace electronic voting equipment that does not have a paper trail; to implement a post-election audit system; to upgrade election-related computer systems to address cyber vulnerabilities; to facilitate cybersecurity training for state and local election officials; to implement established cybersecurity best practices; and to fund other activities that will improve the security of elections for federal office.
COMMENTS
- According to the author: Our voting systems have not kept pace with evolving technology. Voting systems require updates in order to continue providing secure election services that are accessible and easy for voters to use. In order to integrate new technology into voting systems, ballot layouts need to be updated. Current definitions in the Elections Code do not allow county registrars and election administrators to change their ballot layouts, even to make them more accessible or understandable. These ballot layout changes are necessary to incorporate new formats of ballots, vote-by-mail ballots, or new devices for marking a voter’s choice.
AB 2835 will provide more flexibility for elections administrators to decide ballot layout and how to integrate new technology with voting systems. The bill updates the definitions of a ballot and a paper cast vote record. AB 2835 also loosens requirements on ballot type size and font as well as the location and size of ballot columns.
Additionally, AB 2835 removes references to the shape of voting targets. This will allow election administrators to update ballot layouts to have voting targets that could have a candidate’s name, party, or ballot designation, instead of a particular, statutorily required shape.
This change in code ensures that the systems are in compliance without substantively impacting the usability or accessibility of the ballot designs. Furthermore, it allows for continued innovation and improvements to ensure voters clearly understand how to use their ballots with minimal unintentional residual votes without the need for further revisions.
PRIOR ACTION
Assembly Floor: | |
Assembly Elections and Redistricting Committee: |
|
POSITIONS
Sponsor: Author
Support: Disability Rights California
Oppose: None received
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Marc Berman, Chair
ABPCA Bill Id:AB 2835 (
Author:Calderon) – As Introduced Ver:February 16, 2018
SUBJECT: Elections: ballots.
SUMMARY: Makes changes to ballot layout provisions of law to accommodate new voting technologies. Specifically, this bill:
- Expands the definition of a ballot by authorizing an electronic touchscreen system that contains paper ballots to qualify as a ballot if the votes are tabulated manually or by optical scanning equipment.
- Permits a paper cast vote record to be considered a ballot if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.
- Makes minor changes to ballot layout specifications related to the size and spacing of text.
- Deletes provisions of law that require a ballot to contain a voting "square" that a voter marks to indicate his or her selections on a ballot, and instead requires a ballot to contain a voting "target." Defines a "target" to mean an object designated as the aim for a voter to make a vote selection.
- Makes clarifying, technical, corresponding changes.
EXISTING LAW:
- Defines a "ballot" to mean any the following:
- The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card;
- One or more sheets of paper upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area;
- One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment; or,
- An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
- Defines a "paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.
- Requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other items.
- Requires a ballot to follow certain formatting requirements, such as the order of offices that appear on the ballot, the numbering of ballot measures, instructions to voters, font type, font size, margin widths, spacing of contests, voting square size, and write-in spaces, among other requirements.
- Permits a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
- Purpose of the Bill: According to the author:
Our voting systems have not kept pace with evolving technology. Voting systems require updates in order to continue providing secure election services that are accessible and easy for voters to use. In order to integrate new technology into voting systems, ballot layouts need to be updated. Current definitions in the Elections Code do not allow county registrars and election administrators to change their ballot layouts, even to make them more accessible or understandable. These ballot layout changes are necessary to incorporate new formats of ballots, vote-by-mail ballots, or new devices for marking a voter’s choice.
AB 2835 will provide more flexibility for elections administrators to decide ballot layout and how to integrate new technology with voting systems. The bill updates the definitions of a ballot and a paper cast vote record. AB 2835 also loosens requirements on ballot type size and font as well as the location and size of ballot columns.
Additionally, AB 2835 removes references to the shape of voting targets. This will allow election administrators to update ballot layouts to have voting targets that could have a candidate’s name, party, or ballot designation, instead of a particular, statutorily required shape.
This change in code ensures that the systems are in compliance without substantively impacting the usability or accessibility of the ballot designs. Furthermore, it allows for continued innovation and improvements to ensure voters clearly understand how to use their ballots with minimal unintentional residual votes without the need for further revisions.
- Voting Solutions for All People Project (VSAP): Due to Los Angeles County's size, diversity, complexity, and the limited voting systems market, it is extremely challenging for Los Angeles to reasonably consider a commercial off-the-shelf voting system. Consequently, in 2009, in partnership with the Voting Technology Project, and with the financial support of the James Irvine Foundation, the County of Los Angeles Registrar-Recorder/County Clerk (RR/CC) launched the VSAP with the goal of implementing a new and enhanced voting system that meets the growing voting system needs and challenges faced by Los Angeles County.
According to VSAP background documents, the vision of the VSAP is to identify and implement a new voting system in a transparent and participatory manner that takes into account the needs and expectations of current and future Los Angeles County voters. The VSAP aims at achieving three goals in the process: 1) give current and future Los Angeles County voters an unprecedented opportunity to participate in the assessment and development process; 2) increase voter confidence in the electoral process through the participatory structure of the project; and 3) synthesize public input and research to acquire or develop a new voting system for the County.
According to background information, the new voting system concept features touch-screen technology with a simple user interface, both audio and visual output and a built-in scanner, printer and ballot box. The new voting system will provide voters with options to scan in quick response (QR) coded ballots from their phone, enter their ballot choices in-person at the polling location, or vote by mail with printed ballots.
This bill updates the definitions of a ballot and a paper cast record to ensure Los Angeles's new voting system and the voting process described above is in compliance with existing law.
- Governor's Budget and New Voting Machines: The Governor's 2018-2019 budget proposes $134 million in one-time General Fund spending to purchase new equipment for county voting systems. This equipment includes hardware, software, and initial licensing to replace existing systems and technology. Under the proposal, counties would provide a dollar-for-dollar match to receive the state funding.
- Federal Election Security Funding: On March 23, 2018, President Trump signed the Consolidated Appropriations Act of 2018 (Act)—the omnibus spending bill for the federal fiscal year ending on September 30, 2018. Among other provisions, the Act provided $380 million in Help America Vote Act funding to the U.S. Elections Assistance Commission (EAC) to make payments to states for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements. States that receive federal funds are required to provide a match of five percent of the funds received within two years of receiving the federal funds.
According to information from the EAC, California’s share of the federal funding is $34,558,876, and the state’s required five percent match totals $1,727,944. The EAC notes that a joint explanatory statement prepared by Congress to indicate congressional intent on how the funds may be spent specifies that states may use the funds to replace electronic voting equipment that does not have a paper trail; to implement a post-election audit system; to upgrade election-related computer systems to address cyber vulnerabilities; to facilitate cybersecurity training for state and local election officials; to implement established cybersecurity best practices; and to fund other activities that will improve the security of elections for federal office.
- Arguments in Support: In support, Disability Rights California writes:
Many individuals with sensory disabilities use accessible systems to vote privately and independently. This bill is good public policy because it promotes accessibility by qualifying touchscreen systems as ballots. It also simplifies the process and makes it easier so that elections officials do not have to remark ballots from accessible voting systems. This ensures privacy for the voter and eliminates the possibility of inaccuracies that can occur during the remarking process.
REGISTERED SUPPORT / OPPOSITION:
Support
Disability Rights California
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Bill Author
Bill Co-Author(s):